City of Fillmore

Mayor Patti Walker, two city council members Jamey Brooks and Mayor Pro-tem Gayle Washburn with Fillmore City Attorney Theodore Schneider, reviewed the council’s action resulting in the Brown Act violation debate in a closed-door session Tuesday night, September 22, 2009.
Before Mayor Walker and council members retreated to an undisclosed location in City Hall, Schneider asked that Councilmember Steve Conaway recues himself. Conaway complied with the request. Councilmember Laurie Hernandez was absent.
Returning to regular session, Mayor Walker disclosed the findings of the council members.
“The unintentional alleged Brown Act violation was of no consequence,” stated Mayor Walker, “because it did not result in any action taken by this council.”
Schneider concurred with, “All allegations by Mr. McKee have been satisfied.”
Richard McKee, President of California’s Aware, a political watchdog group, had proposed that the City Council had violated the Brown Act in August when reviewing credentials of candidates for employment.
Audit Controversy
State audit reports for the city of Fillmore are due in October and December announced City Manager, Larry Pennell. Gathering information for the reports begins in July of every (fiscal) year. Due to the retirement of former Finance Director Barbara Smith, the city of Fillmore has been without a permanent finance director since June, commented Washburn. Leonore Young has been serving as Interim Finance Director.
Pennell advised that the auditing firm of Rogers, Anderson, Malody, & Scott from Riverside County be hired to begin the process as soon as possible. Since June 2009, only one Request for Proposal (RFP) bid was sent out; that was to Rogers, Anderson, Malody & Scott.
With a recommendation from Lea Phillips of the Ventura Regional Sanitation District, Pennell invited a company representative to address the council.
Terry Shea, a CPA for the firm stated that he’d design programs to do the audits for 2008-2009. When Washburn asked, “Is there any flexibility in your pricing?” Shea replied that it would be the same as “last year.”
Conaway questioned Pennell with, “Why did we send a new bidding company copies of last year’s invoices?” Pennell ignored the question, with Shea stating that it is standard practice. “Standard practice” meaning for Shea’s firm, not for the city of Fillmore. $34,000 was budgeted for the audit (firm), it will cost the city $40,800. Conaway went on to ask if multi-bids had been requested. One RFP was sent out.
Immediately after Conaway commented, “I’m concerned about the process we’re going through,” Mayor Walker noted that the penalties issued by the state are excessive when the reports are late. The motion passed 3-1 in favor of retaining the firm of Rogers, Anderson, Malody & Scott, with Conaway voting no. “I objected to the process [of single bid sought],” stated Conaway.
Support Letter
In a recent letter, Deputy City Manager Bill Bartels asked Mayor Walker to send a letter to Governor Arnold Schwarzenegger urging him to sign AB566. Assembly Member Pedro Nava introduced the bill dealing with mobile home conversion on February 25, 2009. Bill AB566 states that a city may consider the level of support that exists within a community when approving or disapproving a mobile home park conversion to resident ownership. The bill is important because conversions have different impacts on coach owners. Conversions have the potential to reduce the number of affordable housing units. Ab566 ensures that the level of support is considered before a conversion decision is made. “The views of the community should be considered.”
Community member Dave Roegner asked the council to support bill AB566. He is the treasurer of the El Dorado Mobile Home Park Homeowners Association. Roegner stated that 135 spaces voted “no” to the conversion of the park from rental to space ownership. He told the Gazette that many of the 300 spaces are vacant, leases are not being renewed, and there has been no communication from the property owner, Nancy Wadkins. A letter will be sent to the governor from the City of Fillmore notifying him that the city is pleased to support AB 566.
City Property
City Community Development Director Kevin McSweeney reported back to Council concerning the recently purchased property at 401 Arundell Circle in the city of Fillmore.
According to McSweeney, the cosmetic repairs needed have an estimated cost of $10,000. He verified his estimate by introducing Building & Safety Inspector Michael McGivney, who evaluated the condominium.
McGivney informed Council that the exterior of the building was recently painted .He mentioned that the two bedroom, two bath unit had damage to the kitchen tile and ceiling stains. Plumbing fixtures also needed to be replaced. He agreed with councilmembers that the roof needs closer inspection.
Amending City Code
Schneider introduced a recommendation that the Municipal Code regarding the duties and powers of the City Manager be updated.
The Municipal code of the City of Fillmore was adopted in 1943. Since that time the City has espoused and practiced a Council/Manager form of government that grants to the City Manager the power to hire, fire, and discipline City employees without the approval of the City Council.
Schneider recommended a second reading be at the City Council October 13th meeting.
Other Matters
Former Fillmore Fire Chief Bill Herrera publicly thanked Pennell for his service to the City of Fillmore. “I’m very grateful for your leadership,” Herrera stated. ”Thanks for everything you did.”
Pennell’s term will end Wednesday, September 30th.
Mayor Walker shared that she and Washburn attended League Conference workshops. “I was happy to represent the City of Fillmore,” said Walker. Walker noted that her full report will be available at the next regular Council meeting, October 6th.
A joint City Council/School Board meeting is set for Tuesday, September 29, 2009 in the Fillmore High School Cafeteria, 555 Central Avenue, Fillmore.